HomeMy WebLinkAboutA3. Cowdry Kegy16086, Staff Report for the Cowdrey-Kagy MiSub Preliminary Plat Page 1 of 21
16086, Staff Report for the Cowdrey-Kagy Minor Subdivision Preliminary
Plat
Public Hearing Date: City Commission meeting is on April 25, 2016 at 6:00 pm.
Project Description: A Minor Subdivision Preliminary Plat Application was submitted to the
Department of Community Development requesting a subsequent minor subdivision from
a tract of record (4.995 acres) to create two lots and dedicated rights-of-way. No parkland
or open space is proposed.
Project Location: The property is addressed as 1450 West Kagy Boulevard and is legally
described as a tract of land being part of Lot 1 of the Boylan Addition and subject tract of
Plat 21, Film 869, located in the Southwest One-Quarter of Section 13, Township Two
South, Range Five East, P.M.M., City of Bozeman, Gallatin County, Montana. The
property is zoned R-4, Residential High Density District.
Recommendation: Approval with conditions and code provisions.
Recommended Motion: “Having reviewed and considered the application materials, public
comment, and all the information presented, I hereby adopt the findings presented in the
staff report for application 16086 and move to approve the Cowdrey-Kagy Minor
Subdivision Preliminary Plat with conditions and subject to all applicable code
provisions.”
Report Date: April 11, 2016
Staff Contact: Mitch L. WerBell, Assistant Planner
Agenda Item Type: Action (Quasi-judicial)
EXECUTIVE SUMMARY
Unresolved Issues
There are no known unresolved issues at this time.
Project Summary
A Preliminary Plat Application was submitted to the Department of Community Development
requesting to subdivide a 4.995-acre tract of record into two lots and dedicate rights-of-way for
future extensions of State Street and South 15th Avenue.
This subdivision is a second or subsequent minor subdivision from a tract of record and does not
require Planning Board review. A public hearing is required before a Commission decision.
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At its March 30, 2016 meeting, the Development Review Committee (DRC) voted unanimously
to recommend approval of the application with the conditions and code provisions identified in
this report.
No parkland dedication is required for this subdivision. No subdivision or zoning variances are
requested with this application. No public comment has been received.
The final decision for a Subsequent Minor Subdivision Preliminary Plat must be made within 60
working days of the date it was deemed adequate, in this case by June 23, 2016.
Alternatives
1. Approve the application with the recommended conditions;
2. Approve the application with modifications to the recommended conditions;
3. Deny the application based on the Commission’s findings of non-compliance with the
applicable criteria contained within the staff report; or
4. Continue the public hearing on the application, with specific direction to staff or the
applicant to supply additional information or to address specific items.
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TABLE OF CONTENTS
EXECUTIVE SUMMARY ............................................................................................................ 1
Unresolved Issues ............................................................................................................... 1
Project Summary ................................................................................................................. 1
Alternatives ......................................................................................................................... 2
SECTION 1 – MAP SERIES .......................................................................................................... 4
SECTION 2 – REQUESTED VARIANCES ................................................................................. 9
SECTION 3 – RECOMMENDED CONDITIONS OF APPROVAL ............................................ 9
SECTION 4 – CODE REQUIREMENTS REQUIRING PLAT CORRECTIONS ..................... 11
SECTION 5 – RECOMMENDATION AND FUTURE ACTIONS ............................................ 12
SECTION 6 – STAFF ANALYSIS and findings ......................................................................... 12
Applicable Subdivision Review Criteria, Section 38.03.040, BMC................................. 12
Preliminary Plat Supplements ........................................................................................... 14
APPENDIX A – PROJECT SITE ZONING AND GROWTH POLICY..................................... 19
APPENDIX B – DETAILED PROJECT DESCRIPTION AND BACKGROUND.................... 19
APPENDIX C – NOTICING AND PUBLIC COMMENT ......................................................... 21
APPENDIX D – OWNER INFORMATION AND REVIEWING STAFF ................................. 21
FISCAL EFFECTS ....................................................................................................................... 21
ATTACHMENTS ......................................................................................................................... 21
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SECTION 1 – MAP SERIES
Figure 1 - Zoning
16086 Cowdrey-Kagy Proposed
Minor Subdivision Preliminary Plat
Submitted 03/02/2016
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Figure 2 – Future land use
16086 Cowdrey-Kagy Proposed
Minor Subdivision Preliminary Plat
Submitted 03/02/2016
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Figure 3 – Adjacent subdivisions and zoning
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Figure 4 – Proposed lot exhibit
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SECTION 2 – REQUESTED VARIANCES
No subdivision or zoning variances are requested with this preliminary plat application.
SECTION 3 – RECOMMENDED CONDITIONS OF APPROVAL
Please note that these conditions are in addition to any required code provisions identified in this
report. These conditions are specific to this project.
Recommended Conditions of Approval:
1. The applicant is advised that unmet code provisions, or code provisions that are not
specifically listed as conditions of approval, does not, in any way, create a waiver or other
relaxation of the lawful requirements of the Bozeman Municipal Code or state law.
2. The plat must conform to all requirements of the Bozeman Municipal Code and the Uniform
Standards for Subdivision Plats (Uniform Standards for Certificates of Survey and
Subdivision Plats (24.183.1104, ARM; 24.183.1107, ARM) and must be accompanied by all
required documents, including certification from the City Engineer that as-built drawings for
public improvements, a platting certificate, and all required and corrected certificates were
received. The Final Plat application must include three (3) signed reproducible copies on a 3
mil or heavier stable base polyester film (or equivalent); two (2) digital copies; one (1) PDF
copy, and five (5) paper prints. The Gallatin County Clerk & Recorder’s Office has elected to
continue the existing medium requirements of two mylars with a 1½” binding margin on one
side for both plats and COS’s. The Clerk and Recorder will file the new Conditions of
Approval sheet as the last same-sized mylar sheet in the plat set.
3. All notes, restrictions and conditions of approval must be relocated from the plat and
transferred to the final plat conditions of approval sheet.
4. Lot 2 must be platted as an undevelopable lot in accordance with Section 38.39.080.B.6,
BMC, with the following language placed on each undevelopable lot of the final plat: “Lot
development subject to further subdivision review.” No public improvements shall be
required for the undevelopable lot until it is subdivided as a lot which is not subject to this
restriction. This language shall be placed on the face of the plat or in a separate executed
document to be recorded with the final plat: “NOTICE IS HEREBY GIVEN to all potential
purchasers of Lot 2, of the Cowdrey-Kagy Minor Subdivision, City of Bozeman, Gallatin
County, Montana, that the final plat of the subdivision was approved by the Bozeman City
Commission without completion of on and off site improvements required under the
Bozeman Municipal Code, as is allowed in Chapter 38.39 of the Bozeman Municipal Code.
As such, this Restriction is filed with the final plat that stipulates that any use of this lot is
subject to further subdivision, and no development of this lot shall occur until all on and off
site improvements are completed as required under the Bozeman Municipal Code.
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THRERFORE, BE ADVISED that Building Permits will not be issued for Lot 2, of the
Cowdrey-Kagy Minor Subdivision, City of Bozeman, Gallatin County, Montana until all
required on and off site improvements are completed and accepted by the City of Bozeman.
No building structure requiring water or sewer facilities shall be utilized on this lot until this
restriction is lifted. This restriction runs with the land and is revocable only by further
subdivision or the written consent of the City of Bozeman.”
5. The final plat must provide a mutual access easement that allows access between Lot 1 and
Lot 2 for the service of the radio tower, radio tower shed and communications shed. The
easement must be described, dimensioned and shown on the final plat in its true and correct
location.
6. The final plat must provide all necessary utility easements, which must be described,
dimensioned and shown on the final plat in their true and correct location. Any rear or side
yard utility easements not provided will require written confirmation from utility companies
providing service indicating that rear or side yard easements are not needed.
7. The final plat application must contain the following notation on the conditions of approval
sheet in the final plat: “No parkland dedicated with this subdivision. Development on land
initially exempted from park dedication is required to provide park dedication if further
development of the site does not continue to meet the criteria for exemption.”
8. Unless already filed, and prior to final plat approval, an executed waiver of right to protest
the creation of special improvement districts (SIDs) for a park maintenance district must be
filed and recorded with the Gallatin County Clerk and Recorder.
9. Plans and specifications for any water, sewer and/or storm sewer main extensions, and Public
or Private Streets (including curb, gutter and sidewalks) prepared by a professional engineer
(PE) must be provided to and approved by the City Engineer at the time of development.
Water and sewer plans must also be approved by the Montana Department of Environmental
Quality. The applicant must provide professional engineering services for construction
inspection, post-construction certification, and preparation of mylar record drawings.
Construction must not be initiated on the public infrastructure improvements until the plans
and specifications have been approved and a pre-construction conference has been
conducted.
No building permits will be issued prior to City acceptance of required infrastructure
improvements.
10. A stormwater master plan must be submitted for review at the time of the further subdivision
of Lot 2. The master plan must depict the maximum sized retention/detention basin location,
and locate and provide easements for adequate drainage ways within the subdivision to
transport runoff to the stormwater receiving channel. The plan must include sufficient site
grading and elevation information (particularly for the basin sites, drainage ways, and lot
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finished grades), typical stormwater retention/detention basin and discharge structure details,
basin sizing calculations, and a stormwater maintenance plan.
11. Prior to any building permit approval, an erosion and sediment control permit must be
obtained from the City’s Stormwater Program Coordinator.
12. The applicant must execute and file the draft waiver of right to protest special improvement
districts included with the application materials prior to final plat approval.
13. The downstream capacity limited sewer mains must be upgraded prior to any increases in
flows from Lot 1.
14. In accordance with an arterial street right-of-way, 15-feet of road dedication must be
provided east to west along the northern property boundary of Lots 1 and 2 with the final plat
application to allow for planned upgrades to Kagy Boulevard.
15. The applicant must provide a financial guarantee for the required City standard sidewalk
along the front of Lot 1 and enter into an improvements agreement with the City to complete
the sidewalk per BMC 38.39.060. Construction of the sidewalk must be delayed and
coordinated with planned improvements on Kagy Boulevard.
16. Construction of a replacement City standard driveway access for Lot 1 must be delayed and
coordinated with the planned improvements on Kagy Boulevard. The applicant must provide
a financial guarantee for the drive access on Lot 1 and enter into an improvements agreement
with the City to complete the access per BMC 38.39.060.
17. The applicant must submit with the application for Final Plat review and approval, a written
narrative stating how each of the conditions of preliminary plat approval and noted code
provisions has been satisfactorily addressed, and must include a digital copy (pdf) of the
entire Final Plat submittal. This narrative must be in sufficient detail to direct the reviewer to
the appropriate plat, plan, sheet, note, covenant, etc. in the submittal.
SECTION 4 – CODE REQUIREMENTS REQUIRING PLAT CORRECTIONS
A. Section 38.23.060 requires that all public or private easements shall be described,
dimensioned and shown on the plat. The existing 30’ street easement along the western
619.39’ boundary line must be shown on the final plat.
B. Section 38.41.050.A.5 - Documents and Certificates. The revised draft copy of the
covenants, restrictions, and articles of incorporation for the creation of a property
owner’s association and the exhibit therein must be submitted for review at least 30
days prior to final plat application.
C. Section 38.06.060 - Improvements. The Certificate of Completion of Improvements
must be revised to reference Lot 1 in the Financially Guaranteed Improvements List
for the sidewalk and driveway access along Lot 1.
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D. Section 38.06.070 - Governing body. The Certificate of Director of Public Works must
stay on the plat, as the Public Works Director is the designated agent for the City
Commission to certify approval of the plat of the subdivision. The Certificate of
Governing Body must be removed from the final plat.
E. Section 38.03.050 - Notice of certification that water and waste services will be provided
by local government. The Municipal Facilities Exclusion Checklist indicates the
Department of “Public Services.” This checklist must read the Department of “Public
Works.”
F. Section 38.41.050.A.8 - Preliminary plat supplements required for all subdivisions. A
Noxious Weed Management Plan must be submitted with the Final Plat Application
for this subdivision.
SECTION 5 – RECOMMENDATION AND FUTURE ACTIONS
Project Name: Cowdrey-Kagy Minor Subdivision Preliminary Plat
File: 16086
The Development Review Committee (DRC) reviewed the proposed minor subdivision
preliminary plat application on March 16, 23 and 30, 2016. On March 30, 2016, the DRC
determined the application submittal contained detailed, supporting information that is sufficient
to allow for the review of the proposed subdivision; and as a result, finds that the application,
with the recommended conditions of approval, is in compliance with the adopted growth policy,
the Montana Subdivision and Platting Act and the Unified Development Code.
This subdivision is a second or subsequent minor subdivision from a tract of record and does not
require Planning Board review. A public hearing is required before a Commission decision. The
City Commission will hold a public hearing on the minor subdivision preliminary plat on April
25, 2016. The meeting will be held at 121 N. Rouse Avenue, Bozeman. The meeting will begin
at 6:00 pm.
SECTION 6 – STAFF ANALYSIS AND FINDINGS
Analysis and resulting recommendations are based on the entirety of the application materials,
municipal codes, standards, and plans, public comment, and all other materials available during
the review period. Collectively this information is the record of the review. The analysis is a
summary of the completed review.
Applicable Subdivision Review Criteria, Section 38.03.040, BMC
In considering applications for subdivision approval under this title, the advisory boards and City
Commission shall consider the following:
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1) Compliance with the survey requirements of Part 4 of the Montana Subdivision and
Platting Act
The preliminary plat has been prepared in accordance with the survey requirements of the
Montana Subdivision and Platting Act by a Professional Engineer registered in the State of
Montana. As noted in recommended Condition 2, the final plat must comply with State statute,
Administrative Rules of Montana, and the Bozeman Municipal Code.
2) Compliance with the local subdivision regulations provided for in Part 5 of the
Montana Subdivision and Platting Act
The final plat must comply with the standards identified and referenced in the Unified
Development Code (UDC). The applicant is advised that unmet code provisions, or code
provisions that are not specifically listed as a condition of approval, does not, in any way, create
a waiver or other relaxation of the lawful requirements of the Bozeman Municipal Code or State
law. Therefore, the subdivision will be in compliance with the subdivision regulations.
3) Compliance with the local subdivision review procedures provided for in Part 6 of
the Montana Subdivision and Platting Act
The public hearing before the City Commission has been properly noticed as required by the
Bozeman Municipal Code. Based on the recommendation of the Development Review
Committee (DRC) and other applicable review agencies, as well as any public testimony
received on the matter, the City Commission will make the final decision on the applicant’s
request.
A preliminary plat application was submitted to the Department of Community Development on
March 2, 2016 and was deemed acceptable for initial review on March 9, 2016. The preliminary
plat was reviewed by the DRC on March 16, 23 and 30, 2016. The DRC determined the
submittal contained detailed, supporting information sufficient to allow for the review of the
proposed subdivision on March 30, 2016.
Public notice for this application was scheduled on March 30, 2016 to be posted in the legal
advertisements section of the Bozeman Daily Chronicle on Sunday, April 10, 2016. The site was
posted with a public notice on March 31, 2016. Public notice was sent to physically adjacent
property owners via certified mail, and to all other property owners of record within 200 feet of
the subject property via first class mail, on March 31, 2016. No public comment has been
received as of the writing of this report.
On April 11, 2016 this subsequent minor subdivision preliminary plat application staff report
was drafted and forwarded with a recommendation of conditional approval by the Director of
Community Development for consideration by the City Commission, which is scheduled to
make a final decision at its April 25, 2016 public hearing. The final decision for a Subsequent
Minor Subdivision Preliminary Plat must be made within 60 working days of the date it was
deemed adequate, in this case by June 23, 2016.
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4) Compliance with Chapter 38, BMC and other relevant regulations
Community Development staff and the Development Review Committee reviewed the
preliminary plat against all applicable regulations and compliance with all regulations appears to
be met. Recommended conditions of approval and code provisions requiring plat corrections are
included to complete the application processing for final plat approval. Site-specific conditions
and plat corrections are included in this report for consideration by the City Commission.
5) The provision of easements to and within the subdivision for the location and
installation of any necessary utilities
As detailed under Criteria 2 above and required by Section 38.23.060.A, BMC and
recommended as Conditions 5 and 6 , all easements, existing and proposed, must be accurately
depicted and addressed on the final plat and in the final plat application. All necessary utilities
and required utility easements will be provided and depicted accordingly on the final plat with
the recommended conditions.
6) The provision of legal and physical access to each parcel within the subdivision and
the notation of that access on the applicable plat and any instrument transferring the
parcel
All of the proposed lots have frontage to public streets constructed to City standards, with lot
frontage meeting minimum standards shown on the preliminary plat. Pursuant to Section
38.24.090.A, BMC, plats shall contain a statement requiring lot accesses to be built to the
standard contained in this section, the City Design Standards and Specifications Policy, and the
City modifications to state public works standard specifications.
Preliminary Plat Supplements
A subdivision pre-application plan review was completed by the Development Review
Committee on December 16, 2015. With the pre-application plan review application, waivers
were requested by the applicant from Section 38.41.060, BMC “Additional Subdivision
Preliminary Plat Supplements” for several of the standard preliminary plat supplements due to
the nature of this previously platted/developed property. The DRC granted waivers to the
supplemental information under 38.41.060, BMC with the pre-application plan review
application for: 6) wildlife, 7) historical features, 8) agriculture, 9) agricultural water user
facilities, 12) street, roads and alleys 14) educational facilities, 17) neighborhood center, 18)
lighting plan, 19) miscellaneous and 20) affordable housing. Waivers were not granted to the
supplemental information for: 1) surface water, 2) floodplains, 3) groundwater, 4) geology-soils-
slopes, 5) vegetation 10) water and sewer, 11) stormwater management, 13) utilities, 15) land use
and 16) parks and recreation facilities. Staff offers the following summary comments on the
supplemental information required with Article 38.41, BMC.
38.41.060.A.1 Surface Water
Surface water exists on the subject property. Mandeville Creek crosses the site along the western
property boundary. As recommended in Condition 4, Lot 2 will have a no-build restriction
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placed on the face of plat until further subdivision review occurs. Further subdivision of Lot 2
will require an analysis of site conditions at that time, including watercourses and wetlands.
38.41.060.A.2 Floodplains
FEMA map 30031C0816D, dated 9/2/2001, indicates Mandeville Creek does not include a
mapped 100-year floodplain; therefore, no flood hazards will affect the subject property.
38.41.060.A.3 Groundwater
Previously completed Geotechnical Investigation and Reports for adjacent properties revealed
groundwater at approximately 6-8 feet deep. With recommended Condition 4, Lot 2 will be
subject to further subdivision review where supplementary information on groundwater will be
required.
38.41.060.A.4 Geology, Soils and Slopes
Previously completed Geotechnical Investigation and Reports for adjacent properties did not
reveal any unusual geologic hazards on the property. No significant physical features or
topographical conditions have been identified. The majority of the subject property is relatively
flat. A slope in excess of 15% exists in the southeast quadrant of Lot 2 and small cuts and fill
may be necessary to adequately grade the property for future street construction and residential
development.
38.41.060.A.5 Vegetation
No changes in use are proposed within this application for Lot 1 that would impact existing
vegetation. Further development of Lot 1 is subject to review by the City of Bozeman. With
recommended Condition 4, Lot 2 will be subject to further subdivision review requiring a
detailed analysis of any significant or critical vegetation that may exist on the subject property.
The site is predominately covered in maintained grasses, small shrubs and willow trees. Due to
snow cover and lack of vegetative growth on the site during the winter, a Noxious Weed
Management Plan was not prepared for the preliminary plat application. Code Requirement E
requires a Weed Management Plan to be submitted with the final plat application.
38.41.060.A.6 Wildlife
Supplemental information waived by the DRC. No critical wildlife or large mammals appear to
be present on the subject property. The property is adjacent to developed urban areas, roadways
and a large park to the south. The past agricultural uses and proximity to the City make the
property less desirable to wildlife. Montana Department of Fish Wildlife and Parks was notified
of the preliminary plat and did not provide comment on the proposal. The 50-foot watercourse
setback along the Mandeville Creek watercourse and wetlands will protect any riparian
environment already established on the property.
38.41.060.A.7 Historical Features
Supplemental information waived by the DRC. This is a developing urban area. The State
Historic Preservation Office (SHPO) conducted a cultural resource file search in March 2016.
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SHPO found that no significant cultural, historic or archaeological features exist on the property
and recommendation for a cultural resource inventory is unwarranted at this time. If cultural
materials are discovered during further site development, SHPO has requested the representative
to contact the office and arrange a site investigation.
38.41.060.A.8 Agriculture
Supplemental information waived by the DRC. This is a developing area. No known agricultural
use occurs on the site. Periodic maintenance of the existing grasses on-site occurs but no known
adverse effects on adjacent agricultural use will occur with this subdivision.
38.41.060.A.9 Agricultural Water User Facilities
Supplemental information waived by the DRC. This is a developing area and there are no known
agricultural water user facilities on-site.
38.41.060.A.10 Water and Sewer
As recommended in Condition 4, Lot 2 will have a no build restriction placed on the face of the
plat until further subdivision review occurs and all public facilities are provided for the site.
Upon development of Lot 2, an 8-inch water main and a 10-inch sewer main must be constructed
in the trail corridor on the west side of the property to allow extension and looping of water
mains to the adjacent property to the south and extension of sewer service to the south. Adequate
sizing and construction of on-site water and sewer services for future development will be
ensured during future plan review.
The downstream sanitary sewer mains do not have adequate capacity to accept new flows from
Lot 1. The City is currently designing upgrades to the capacity-limited sewer mains. The
associated downstream sanitary sewer mains must be upgraded to ensure adequate capacity for
increased flows and must be completed prior to any development on Lot 1 and is recommended
as Condition 13. An off-site extension of sewer mains is required to provide sewer service to Lot
2 when it is subdivided in the future.
The calculated sewer demands for development of Lot 2 indicated large peaking demands. Upon
identification of a connection location to the City sanitary sewer system in the future, allowable
demand on the sewer system will be analyzed at that time for available capacity.
Final approval of the water distribution system and sewage collection/disposal system will be
obtained through normal approval procedures of infrastructure and final plat review of further
subdivision of Lot 2 by the City Engineering Division, Superintendent of Water/Sewer, and
Montana Department of Environmental Quality.
38.41.060.A.11 Stormwater Management
There are no known stormwater issues with the development located on Lot 1. A stormwater
management plan was not submitted with this preliminary plat application. Lot 2 will have a no
build restriction placed on the plat until further subdivision review occurs prior to any
subsequent development. A stormwater master plan will be required at the time of the
subdivision of Lot 2 with recommended Condition 10. The master plan must depict the
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maximum sized retention/detention basin location, and locate and provide easements for
adequate drainage ways within the subdivision to transport runoff to the stormwater receiving
channel. The plan must include sufficient site grading and elevation information (particularly for
the basin sites, drainage ways, and lot finished grades), typical stormwater retention/detention
basin and discharge structure details, basin sizing calculations, and a stormwater maintenance
plan.
38.41.060.A.12 Streets, Roads and Alleys
Supplemental information waived by the DRC. Bozeman Municipal Code Section 38.24.060.B.4
states that all arterial and collector streets and intersections with arterial and collector streets
shall operate at a minimum level of service “C”. Level of service (LOS) values shall be
determined by using the methods defined by the most recent edition of the Highway Capacity
Manual. A development shall be approved only if the LOS requirements are met in the design
year, which shall be a minimum of 15 years following the development application review or
construction of mitigation measures if mitigation measures are required to maintain LOS. The
intersection at Kagy Boulevard and South 7th Avenue is a failing intersection within one half-
mile of site. This intersection must be upgraded or placed on the City’s 5-year capital
improvement plan prior to final approval of any development on Lot 2. Any future development
on Lot 2 is contingent upon further subdivision review with recommended Condition 4.
Future local streets adjacent to the property are not required at this time. The applicant has
indicated a 30-foot right-of-way dedication along the western and southern property boundaries
for the potential future extensions of South 15th Avenue and State Street. At this time, the City
has no right-of-way dedication or street easement on the adjacent property to the south for the
future extension of State Street.
Kagy Boulevard is currently planned for upgrades as a future arterial street. City of Bozeman
Public Works and Montana Department of Transportation staff met to discuss the upgrades to
Kagy Boulevard and future shared use pathways. In accordance with an arterial street right-of-
way, 15-feet of road dedication must be provided east to west along the northern property
boundary of Lots 1 and 2 with the final plat application to allow for planned upgrades to Kagy
Boulevard. This road dedication is recommended as Condition 14.
City standard sidewalks do not exist adjacent to Lot 1 or Lot 2. Installation of sidewalk adjacent
to Lot 2 is a code requirement for site development. With recommended Condition 4, further
subdivision of Lot 2 will be required prior to any subsequent site development. A City standard
sidewalk must be constructed along the front of Lot 1 on Kagy Boulevard. Delaying the
installation of the required sidewalk to coordinate with planned upgrades to Kagy Boulevard is
recommended as Condition 15 of final plat approval. A substandard drive access exists for the
day care center currently located on proposed Lot 1. A City standard driveway access must be
constructed for Lot 1. Delaying the installation of the required driveway access to coordinate
with planned upgrades to Kagy Boulevard through an improvements agreement mechanism is
recommended as Condition 16 of final plat approval.
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38.41.060.A.13 Utilities
The DRC and local review agencies did not identify any potential impacts and/or concerns with
providing private utilities to the subdivision. No development is proposed at this time requiring
extension of private utilities. Dry utilities will likely be relocated with the planned upgrades to
Kagy Boulevard. The final plat must provide the location of all public utility easements along all
front, side and rear lot lines as required by Section 38.23.050, BMC.
An existing radio tower and shed exist on Lot 2. Guy wires and underground power lines cross
into Lot 1 where a communications shed is located. Recommended Condition 5 requires an
access easement to be shown on the final plat between Lots 1 and 2 to allow for access and
maintenance of the existing radio tower.
38.41.060.A.14 Educational Facilities
Supplemental information waived by the DRC. The impacts to Bozeman School District
educational facilities from this subdivision are expected to be minimal to nonexistent. As
recommended in Condition 4, prior to any further development of Lot 2, additional subdivision
review will be required and impacts to educational facilities will be further evaluated.
38.41.060.A.15 Land Use
The subject property is zoned R-4, Residential High Density District, and development of Lot 2
will be subject to the R-4 zoning requirements set forth in the Bozeman Municipal Code. Lot 1
currently contains a day-care facility and associated surface parking. No changes to this land use
are proposed at this time. The subdivision complies with the zoning designation of R-4,
Residential High Density District.
38.41.060.A.16 Parks and Recreation Facilities
Land dedication or cash donation in lieu of land dedication is not required for a minor
subdivision. To create a clear record for future development review, Condition 7 recommends
that the final plat conditions sheet note that no parkland is dedicated with this subdivision.
38.41.060.A.17 Neighborhood Center Plan
Supplemental information waived by the DRC. A Neighborhood Center is not required for
subdivisions less than 10 acres, nor for minor subdivisions.
38.41.060.A.18 Lighting Plan
Supplemental information waived by the DRC. No subdivision lighting plan is included with this
minor subdivision preliminary plat application.
38.41.060.A.19 Miscellaneous
Supplemental information waived by the DRC. The subdivision will not impact access to any
public lands and there are no identified hazards in proximity to the subject property.
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38.41.060.A.20 Affordable Housing
Supplemental information waived by the DRC. Article 43 of Chapter 38 of the Bozeman
Municipal Code is not applicable to this minor subdivision.
APPENDIX A – PROJECT SITE ZONING AND GROWTH POLICY
Zoning Designation and Land Uses:
The subject property is zoned R-4. The intent of the R-4, Residential High Density District, is to
provide for high-density residential development through a variety of housing types within the
City, with associated service functions. This will provide for a variety of compatible housing
types to serve the varying needs of the community's residents. Although some office use is
permitted, it shall remain as a secondary use to residential development. Secondary status shall
be as measured by percentage of total building area.
Adopted Growth Policy Designation:
The subject property is planned Residential Emphasis Mixed-Use (REMU). The REMU land use
designation category promotes neighborhoods with supporting services that are substantially
dominated by housing. A diversity of residential housing types should be built on the majority of
any area within this category. Housing choice for a variety of households is desired and can
include attached and small detached single-household dwellings, apartments, and live-work
units. Residences should be included on the upper floors of buildings with ground floor
commercial uses. Variation in building massing, height, and other design characteristics should
contribute to a complete and interesting streetscape and may be larger than in the Residential
category.
Secondary supporting uses, such as retail, offices, and civic uses, are permitted at the ground
floor. All uses should complement existing and planned residential uses. Non-residential uses are
expected to be pedestrian oriented and emphasize the human scale with modulation as needed in
larger structures. Stand alone, large, non-residential uses are discouraged. Non-residential spaces
should provide an interesting pedestrian experience with quality urban design for buildings, sites,
and open spaces.
This category is implemented at different scales. The details of implementing standards will vary
with the scale. The category is appropriate near commercial centers and larger areas should have
access on collector and arterial streets. Multi-household higher density urban development is
expected. Any development within this category should have a well integrated transportation and
open space network which encourages pedestrian activity and provides ready access within and
to adjacent development.
APPENDIX B – DETAILED PROJECT DESCRIPTION AND BACKGROUND
Project Description:
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16086, Staff Report for the Cowdrey-Kagy MiSub Preliminary Plat Page 20 of 21
A Preliminary Plat Application was submitted to the Department of Community Development
requesting to subdivide a 4.995-acre tract of record into two lots and dedicate rights-of-way for
future extensions of State Street and South 15th Avenue.
This subdivision is a second or subsequent minor subdivision from a tract of record and does not
require Planning Board review. A public hearing is required before a Commission decision.
At its March 30, 2016 meeting, the Development Review Committee (DRC) voted unanimously
to recommend approval of the application with the conditions and code provisions identified in
this report.
No parkland dedication is required for this subdivision. No subdivision or zoning variances are
requested with this application. No public comment has been received.
The final decision for a Subsequent Minor Subdivision Preliminary Plat must be made within 60
working days of the date it was deemed adequate, in this case by June 23, 2016.
Project Background:
A subdivision pre-application plan review was completed by the Development Review
Committee (DRC) on December 16, 2015 for a two lot minor subdivision. With the pre-
application plan review application, waivers were requested by the applicant from Section
38.41.060 “Additional Subdivision Preliminary Plat Supplements” for several of the standard
preliminary plat supplements, due to the nature of this previously platted property. The City’s
summary review comments were forwarded to the applicant in preparation of the preliminary
plat application and the DRC granted numerous supplemental information waivers under
38.41.060, BMC.
A preliminary plat application was submitted to the Department of Community Development on
March 2, 2016 and was deemed acceptable for initial review on March 9, 2016. The preliminary
plat application proposed three residential lots. The preliminary plat was reviewed by the DRC
on March 16 and 23, 2016. Upon further review by staff and the DRC, it was determined that the
application would be deemed inadequate for continued review as a three lot subdivision. The
proposed Lot 3 did not have legal and physical access. The project representative expressed
urgency to staff to move forward with the application as a two lot subdivision so that proposed
Lot 1 may be subsequently transferred to the day care center currently in operation on that lot.
Revisions occurred and the DRC made a recommendation based upon the two lot minor
subdivision.
The DRC determined the submittal contained detailed, supporting information sufficient to allow
for the review of the proposed subdivision on March 30, 2016.
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APPENDIX C – NOTICING AND PUBLIC COMMENT
Public notice for this application was scheduled on March 30, 2016 to be posted in the Bozeman
Daily Chronicle on Sunday, April 10, 2016. Public notice was placed on-site on March 31, 2016
and was sent to physically adjacent property owners via certified mail, and to all other property
owners of record within 200 feet of the subject property via first class mail, on March 31, 2016.
No public comment has been received as of the writing of this report.
On April 11, 2016 this minor subdivision preliminary plat application staff report was drafted
and forwarded with a recommendation of conditional approval by the Director of Community
Development for consideration by the City Commission which is scheduled to make a final
decision at its April 25, 2016 public hearing. The final decision for a Subsequent Minor
Subdivision Preliminary Plat must be made within 60 working days of the date it was deemed
adequate, in this case by June 23, 2016.
APPENDIX D – OWNER INFORMATION AND REVIEWING STAFF
Owner: MJC/Kagy LLC, 32300 Frontage Rd. Bozeman, MT 59715-8607
Applicant: MJC/Kagy LLC, 32300 Frontage Rd. Bozeman, MT 59715-8607
Representative: Madison Engineering LLC, 895 Technology Blvd. Ste. 203. Bozeman, MT 59718
Report By: Mitch L. WerBell, Assistant Planner
FISCAL EFFECTS
No unusual fiscal effects have been identified. No presently budgeted funds will be changed by
this subdivision.
ATTACHMENTS
The full application and file of record can be viewed at the Community Development
Department at 20 E. Olive Street, Bozeman, MT 59715.
Application Materials
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Inter-office Original to:
City of Bozeman
Department of Community Development
P.O. Box 1230
Bozeman, MT 59771
WAIVER OF RIGHT TO PROTEST
CREATION OF SPECIAL IMPROVEMENT DISTRICTS
COWDREY-KAGY MINOR SUB
The undersigned owner of the real property situated in the County of Gallatin, State of Montana,
and more particularly described as follows:
Subject Tract of Plat 21 Film 869 Located in the SW ¼ of Section 13, T2S, R5E PMM
Boylan Addition 1, City of Bozeman Gallatin County MT
IN CONSIDERATION of receiving approval for subdivision of the subject property from the City
of Bozeman, along with accompanying rights and privileges and for other and valuable consideration, the receipt of which is hereby acknowledged, and in recognition of the impacts which will be caused by the development of the above-described property, the owner has waived
and does hereby waive for itself, its successors and assigns, forever the right to protest the creation
of a one or more special improvement districts for;
a. Street improvements to Kagy Boulevard including paving, curb/gutter, sidewalk, lighting, and storm drainage.
b. Downstream sanitary sewer main improvements on Willow Way, Lincoln Street, and
extension of sewer to the Fowler Davis Interceptor.
c. Intersection improvements to the intersection of Kagy Boulevard and S. 7th Avenue.
or to make written protest against the size or area or creation of the district to be assessed in
response to a duly passed resolution of intent to create one or more special improvement districts
which would include the above-described property.
In the event an SID is not utilized for the completion of these improvements, the developer agrees
to participate in an alternate financing method for the completion of said improvements on a fair share,
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proportionate basis as determined by square footage of property, taxable valuation of the property,
traffic contribution from the development or a combination thereof.
This waiver is made for the benefit of the property described herein shall be a covenant running
with the land.
The terms, covenants and provisions of this waiver shall extend to, and be binding upon the
successors-in-interest and assigns of the Landowner.
DATED this _____ day of __________________, 2016.
LANDOWNER
______________________________________________
MJC/Kagy LLC
STATE OF MONTANA )
)ss.
County of Gallatin )
On this ________ day of ____________________, 2016, before me, the undersigned, a Notary
Public for the State of Montana, personally appeared _________________, known to me to be a _________of MJC/Kagy LLC the entity that executed the within instrument, and acknowledged to me that he executed the same for and on behalf of said corporation.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the
day and year first above written.
(SEAL) _________________________________________
Chris G Budeski
Notary Public for the State of Montana
Residing at Gallatin County
My Commission Expires: November 26, 2019
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MUNICIPAL FACILITIES EXCLUSION CHECKLIST (formerly called master plan exclusion)
Enclosed please find the information required under §76-4-127 MCA and ARM 17.36.602 regarding a municipal facilities exclusion
for this subdivision within a growth policy area or first-class or second-class municipality (formerly referred to as master plan exclusions). Use of this checklist is only appropriate when the municipality is providing the water and sewer main service and when
the municipality's engineering staff reviewing the plans and specifications prior to approval:
1. Name of Subdivision: Cowdrey-Kagy 3 – lot Minor Subdivision
2. Name and address of the applicant: MJC/Kagy LLC
32300 Frontage Road
Bozeman MT 59715
3. Name and address of engineer: Madison Engineering Attn: Chris G. Budeski, PE
895 Technology Blvd, Ste 203 Bozeman, MT 59718
4. Copy of the preliminary or final plat: Attached Number of parcels in the subdivision: 3
5. A copy of any applicable zoning ordinances in effect: On file with DEQ/ zoned Residential Office
6. How construction of the sewage disposal and water supply systems or extensions will be financed
(method of financing): Private
7. Certification that the subdivision is within a jurisdictional area that has adopted a growth policy or
within a first-class or second-class municipality: Bozeman is a first-class municipality.
8. Copy of Growth Policy: On file with DEQ
9. Location of the subdivision to the city or town, vicinity map attached: Yes No
10. Will the owner of the municipal facilities own, operate and maintain the water supply, sewage disposal
solid waste, and storm water facilities? Yes No
Upon completion of the project the City will own, operate and maintain the san swr & water facilities.
11. Will all water and sewer mains or extensions as defined in §76-4-102, MCA, be under the control and
maintenance of the certifying municipality? Yes No
12. Will an extension of the existing sewer main(s) be necessary to serve this subdivision? Yes
13. Will an extension of the existing water main(s) be necessary to serve this subdivision? Yes
14. Exclusion Checklist review fee, $100, included: Yes No
15. I certify that adequate municipal facilities for the supply of water and disposal of sewage and solid
waste are available or will be provided within one (1) year after notice of certification is issued (The city has
adequate plant capacity to serve the project. The applicant is responsible for the installation of all water
and sewer lines to serve the development. The city will assure that upon filing of the final plat for the
project that all water and sewer lines are installed or financially guaranteed in accordance with 76-3-507
MCA.) and, I certify that the governing body has reviewed and approved plans to ensure adequate storm water
drainage. (The city has reviewed and approved preliminary plans relative to storm drainage and will review
and approve final plans prior to filing of the final plat for the subdivision.)
Name Title Director
Dept Public Services City Bozeman
Send with the $100 review fee to:
MONTANA DEPARTMENT OF ENVIRONMENTAL QUALITY
SUBDIVISION REVIEW SECTION/WATER PROTECTION BUREAU
PERMITTING AND COMPLIANCE DIVISION
P O BOX 200901
HELENA, MT 59620
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Weed Management Plan to be submitted at a later date
when the weather and vegetative conditions allows for the
field work to be completed.
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By Laws – Cowdrey – Kagy Minor Subdivision
Page 1 of 8
RETURN TO: MADISON ENGINEERING
895 TECHNOLOGY BLVD STE 203 BOZEMAN MT 59718
BYLAWS
OF
COWDREY – KAGY MINOR SUBDIVISION ASSOCIATION
ARTICLE I
NAME
The following shall prevail throughout these Bylaws in the interpretation thereof unless
specific provisions direct otherwise:
COWDREY – KAGY MINOR SUBDIVISION ASSOCIATION is to be governed by and
which is empowered to act in accordance with these Bylaws. Hereinafter said corporation shall be
referred to as the “Association”. The Association may be incorporated.
ARTICLE II
ADDRESS
The address of the initial principal office of the Association shall be: 32300 East Frontage
Road Bozeman, MT 59715
ARTICLE III
POWERS
The Association shall have all the powers of a nonprofit corporation enumerated and set forth
in Title 35, Chapter 2, M.C.A. The purposes of the Association are those set forth in the Articles of
Incorporation.
ARTICLE IV
MEMBERSHIP INTEREST
Every person, group of persons, partnership, corporation, or association who is a fee owner
of real property within the boundaries of the area described as Cowdrey – Kagy Minor Subdivision
on file and of record in the office of the County Clerk and Recorder of Gallatin County, Montana,
shall be a member of the Association. By this provision, each lot, tract and parcel as shown on the
plat and amendments thereto shall entitle the owner of one membership interest in the Association.
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Multiple owners of a single parcel of real property would have collectively one such
membership or voting interest. If more than one lot, parcel, or tract is owned, the owner or owners
thereof would have one membership or voting interest for each separate parcel of real property.
Membership interest shall run with the land so that said interest is an incident to ownership
beginning when ownership rights are acquired and terminating when such rights are divested.
Accordingly, no member shall be expelled, nor shall he be permitted to withdraw or resign while
possessing a membership interest.
ARTICLE V
MEETINGS
There shall be an annual meeting of the membership. The meeting shall be held on the 1st
Tuesday of March, and the hour and place of such meeting shall be contained in the notice of
meetings as hereinafter described. The annual meeting shall be the time for the conduct of any and
all legitimate business of the Association, including review and approval of the budget for the next year, election of directors and presentation of reports. Voting at all meetings shall be in the manner prescribed in these Bylaws. Special meetings may be called at any time upon the initiative of the President, or in the absence of the President, by the Vice-President. In addition, a special meeting shall be held upon
owners’ call of fifty percent (50%) of the lots. Special meetings shall require seven (7) days notice,
in writing. Notice of annual and special meetings shall be mailed to owners at the address for each
owner.
All meetings both annual and special shall be presided over by the President of the Board of
Directors or his appointed representative.
Any meeting may be adjourned by the Board of Directors at their discretion, but any meeting
adjourned before all its business is disposed of shall be reconvened within thirty (30) days of such
adjournment upon due notice given.
Resolutions as hereinafter described may be introduced by any member at any annual
meeting provided such resolution in written form is presented to the Secretary of the Board no later
than ten (10) days prior to the date of such meeting.
Written notice of all meetings, annual and special, shall be mailed to every member of record
no later than ten (10) days and not more than fifty (50) days before the date of the meeting. It shall
be the duty of each member to advise the Association of his current address. In the absence of such
notice, the member’s address shall be the address of record with the Gallatin County Assessor’s
office.
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ARTICLE VI
VOTING
Each membership interest as defined in Article IV of these Bylaws shall have one (1) vote on
all matters to come before the Association meeting. Voting of such interest shall be in the manner
provided by the Board of Directors and in these Bylaws. Cumulative voting shall be provided for
election or removal of the Board of Directors. Voting may be in person or by proxy.
ARTICLE VII
RESOLUTIONS
All matters that are the business and concern of the Association may be presented to the
Association and meetings of the Association in the form of resolutions directed to the Board of
Directors. Such resolutions as are passed by over fifty percent (50%) of the said membership
interest of record and eligible to vote shall be binding on the Board of Directors. Such binding
resolution shall have the effect of compelling the Board of Directors to take positive action in
response to the general inclination of the resolution. However, the scope, extent and specific
character of all such action shall be within the final discretion of the Board of Directors.
ARTICLE VIII
POWERS AND DUTIES OF BOARD
The Board of Directors shall have the following powers and duties:
A. To enter into contracts and agreements as are necessary to effect the business of the
Association.
B. To provide for the construction, installation, acquisition, replacement, operation, maintenance and repair by the Association of buildings, equipment, common open space, facilities and services for recreation, roads and alleys, fire protection and other services and functions of the Association. Contracts for such work with third parties which provide for a term or duration in excess of one year must be approved by a majority of the members, which approval may be ratified at the annual or any special
meeting of the Association.
C. To make and establish rules and regulations for the governance of facilities and the
performing of such functions, the taking of such action and operating in such areas as
are within the jurisdictions of the Association.
D. To make assessments as described in these Bylaws and the Declaration of Covenants
and Restrictions on file and of record in the office of the County Clerk and Recorder
of Gallatin County, Montana.
E. To take necessary and appropriate action to collect assessments from members,
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including the filing of liens and prosecuting foreclosures as provided in these
Bylaws.
F. To call meetings of the Association, both annual and special, and to preside over
such meetings and to give appropriate notice of such meetings as required by these
Bylaws.
G. To formulate and introduce resolutions at the meetings of the Association.
H. To hold meetings of the Board of Directors as are necessary to conduct Association affairs.
I. To exercise ultimate decisional power in and on all matters affecting the Association.
J. To pay the expenses of the Association, including all taxes or assessments and to
contract and pay for such insurance as may be necessary in the best interests of the
Association, and to provide for the use and disposition of the insurance proceeds in
the event of loss or damage.
K. To fill vacancies on the Board by agreement of the two remaining members, should
the vacancy not, however, be filed by the Board, it may be filled by an election at an
annual or special meeting wherein each membership interest shall have one (1) vote.
L. To maintain lists of members.
M. To keep records in a good and businesslike manner of all assessments made, all
expenditures, and the status of each member’s payments of assessment; and to make
such records accessible at reasonable times to all members.
N. To provide municipal type facilities for the safety, comfort, health, well-being and
pleasure of the residents and guests of residents.
O. To promote, conserve and preserve the premises.
P. To do any and all things necessary to carry into effect these Bylaws and to
implement the purposes as stated in the Articles of Incorporation and to do any and
all things necessary to require compliance with and enforce the Declaration of
Covenants, Conditions and Restrictions which by reference therein are made a part of
these Bylaws.
Q. To deal with agencies, officers, boards, commissions, departments and bureaus or
other governmental bodies in a federal, state, county and local basis to carry out the
above powers, duties and responsibilities.
R. To establish accounts for operating and/or development funds as set out in the
Declaration of Covenants, Conditions and Restrictions.
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S. To select a President of the Board of Directors.
ARTICLE IX
ASSESSMENTS
The Association, acting through the Board of Directors, shall have the power to levy
assessments on its members. The assessments levied by the Association shall be used exclusively to
promote recreation, health, safety and welfare of the residents of the property and for the
improvement of the maintenance of the common open spaces, to include road and alley maintenance,
landscape maintenance, liability insurance, Association employees’ wages, mailing costs and other
related expenses incurred on behalf of the Association as further described hereafter.
The assessments shall be levied consistent with the Declaration of Covenants and Restriction
for Cowdrey – Kagy Minor Subdivision.
ARTICLE X BUDGETS
On or before February 25th of each year, the Board shall prepare and mail to each member a
budget for expenses for the forthcoming calendar year. The Board shall cause a copy of an
operating statement to simultaneously be prepared showing income and disbursements for the preceding fiscal year, which statement shall be mailed to each member within thirty (30) days at the end of the fiscal year.
ARTICLE XI QUORUM
Meetings of the Association shall be convened at the time and place contained in the notice of such meeting only if a quorum of the membership interest is present either in person or by written proxy. A quorum shall consist of thirty percent (30%) of the total membership interest of the Association qualified and eligible to vote at the time. Any membership interest may be represented by the owner thereof or by his agent who has written authority to so act.
ARTICLE XII VOTING INTEREST Whenever any lot, tract or parcel is owned or leased by two or more persons or by an entity, such person or persons or entity must, prior to a meeting where voting may be allowed, among and between themselves determine who is entitled to vote the membership interest and in what manner it shall be voted. If, in the judgment of the Board, a bona fide and irreconcilable dispute arises as to
the voting or right to vote a membership interest, such interest may be declared to be in dispute and
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for the time such interest is in dispute, it shall have no voting rights.
ARTICLE XIII
SECRETARY
The Secretary of the Board of Directors shall maintain a record of all membership interests in
the Association. In order to make a determination of membership interest for any purpose stated in
these Bylaws or the laws of the State of Montana, the Board may order the record closed for a stated
period of time. Notice of assessments and liability for assessments shall be in the name of the
registered owner on the membership list at the time assessments are declared by the Board.
ARTICLE XIV
BOARD MEMBERS
The Board of Directors shall be established consistent with the Declaration of Covenants and
Restrictions for Cowdrey – Kagy Minor Subdivision.
Until seventy-five percent (75%) of the lots have been sold and title transferred to Owners or
five years have passed since the recording, whichever is longer, the Declarant reserves the right to
appoint and remove all members of the Board and to exercise the powers and responsibilities
otherwise assigned by the Declaration of the Association. By express written declaration, Declarant
shall have the option to at any time turn over to the Association the total responsibility for electing and removing members of the Board. Members of the Board and their officers, assistant officers, agents and employees acting in good faith on behalf of the Association: (1) shall not be liable to the Owners as a result of their activities as such for any mistake of judgment, negligence or otherwise, except for their own willful misconduct or bad faith; (2) shall have no personal liability in contract to an Owner or any other person or entity
under any agreement, instrument or transaction entered into by them on behalf of the Association in
their capacity as such;
(3) shall have no personal liability in tort to any Owner or any person or entity, except for
their own willful misconduct or bad faith;
(4) shall have no personal liability arising out of the use, misuse or condition of the Property
which might in any way be assessed against or imputed to them as a result of or by virtue of their
capacity as such.
ARTICLE XV
TERMS AND REPLACEMENT
The terms of office for members of the Board shall be consistent with the Declaration of
Covenants and Restrictions for the Cowdrey – Kagy Minor Subdivision
.
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ARTICLE XVI
COMMITTEES
Pursuant to the Title 35, Chapter 2, M.C.A. and subject to the restrictions stated therein the
Board may appoint committees to act for the Board and to exercise the authority of the Board on
matters referred to them by the Board. Such committees may be dissolved at any time by the Board
of Directors.
ARTICLE XVII
INSURANCE
The Board may purchase insurance policies to protect the property of the Association against
casualty loss and to protect the Association and the Board members, when acting in their official
capacity, from liability. The extent and specific nature of coverage shall be determined by the
Board.
ARTICLE XVIII
COVENANTS
No acts by the Association or by the Board of Directors shall be contrary to the Declaration
of Covenants and Restrictions on file with the Clerk and Recorder of Gallatin County, Montana, and
amendments thereto. On its own initiative, the Board may take such action as it deems necessary,
including the taking of legal action and initiating suit to enforce the Declaration of Covenants and
Restrictions.
ARTICLE XIX
OFFICERS
The officers shall be appointed consistent with the Declaration of Covenants and Restrictions
for Cowdrey – Kagy Minor Subdivision.
ARTICLE XX COMPENSATION
Board members shall be reimbursed for any out-of-pocket expenses incurred while acting in
their official capacity.
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ARTICLE XXI
SEVERABILITY
A determination of invalidity of any one or more of the provisions or conditions hereof by
judgment, order, or decree of a court shall not affect in any manner the other provisions hereof,
which shall remain in full force and effect.
ARTICLE XXII
INTERPRETATION AND AMENDMENT
The Board of Directors shall have the power to interpret all the provisions of these Bylaws
and such interpretation shall be binding on all persons. These Bylaws may be amended from time to
time whenever at least fifty-one percent (51%) of the membership interests shall have voted in favor
of such amendment.
THESE BYLAWS were adopted by the Board of Directors for COWDREY – KAGY
MINOR SUBDIVISION ASSOCIATION
on the _______day of ______________, 2016
______________________ - Director
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